Plenary of the Federal Supreme Court (STF).| Photo: Carlos Moura/SCO/STF.

The Federal Supreme Court (STF) unanimously overturned a Roraima law that prohibited environmental agencies and the Military Police from destroying or rendering useless private property seized in environmental operations in the state. The trial took place in the virtual plenary and ended last Friday (17).

In the session, the Court upheld Direct Actions of Unconstitutionality (ADIs) 7200 and 7204, proposed, respectively, by the Sustainability Network and by the Attorney General’s Office (PGR). The decision confirmed the injunction granted by Minister Luís Roberto Barroso, rapporteur for the actions.

Barroso considered that State Law 1.701/2022 “violates the exclusive competence of the Union to legislate on criminal law and criminal procedure and to edit general rules for the protection of the environment”, according to the STF. According to the understanding of the rapporteur, the Roraima law limits the effectiveness of the Environmental Crimes Law (Federal Law 9.605/1998), which authorizes the seizure and destruction of products and instruments of environmental infractions.

For Barroso, “maintaining the effects of the law puts the effectiveness of inspection at risk, with potential irreparable damage or damage that is difficult to repair to the environment and the indigenous populations of Roraima”, says a note from the Court.